Welcome to www.dermcosmesis.com.au (our Site).
These Terms and Conditions (Terms) govern your use of this Site, as well as our services, and form a binding contractual agreement between you and us, “Derm Cosmesis” ABN 24 649 264 796 (DermCosmesis, we, us).
These Terms are important and you should ensure that you read them carefully and contact us if you have any questions before purchasing our products or engaging our services.
These Terms constitute the entire and only agreement between you and us and supersedes all prior agreements, conduct, representations and understandings.
You may buy products offered online by us by completing the order form available on our Site. To buy products via our Site, you must be at least 18 years of age. By placing an order, you confirm that you are at least 18 years of age and that all information you provide is accurate, complete and not misleading.
You agree to deal with us in good faith and in compliance with all applicable laws. We may cancel orders for products where we consider that you have not dealt with us in good faith or have otherwise breached applicable laws, even if the order has been confirmed and a credit card charged. If your credit card is charged for the purchase and we cancel the order, we will notify you and credit your credit card account for the amount charged, less delivery charges and applicable taxes and duties, at our discretion.
You must register with our Site to be able to make purchases from our online store. Once you submit an order, you cannot cancel it. All orders are subject to acceptance by us, at our discretion.
We may provide special offers in relation to our products from time to time. At any time, we may terminate any special offer without advance notice. If terminated, a special offer will continue to apply to products you ordered in good faith in accordance with these Terms before the special offer was terminated.
All prices are in Australian dollars. Prices include GST unless indicated otherwise but exclude delivery charges and customs duty and other taxes, if applicable. All prices are subject to change without notice.
The full payment for your order (including the product price and applicable delivery charges) is deducted from your credit card on completion of your order. Delivery will commence once payment has been processed/validated. We accept payment by PayPal.
Large transactions may involve additional screening and we will require confirmation on key details before we proceed to fill the order. In this event, we will contact you. In some cases this may delay your order by a short period.
From time to time there may be errors on our Site such as wrong pricing, wrong descriptions and offers for products that are not available or are no longer available. Despite anything else in these Terms, to the extent legally permitted, we may decline or cancel any orders that are affected by the error, even if the order has been confirmed and a credit card charged. If your credit card is charged for the purchase and we cancel the order, we will notify you and credit your credit card account for the amount charged.
All products are offered for sale subject to available stock. If an item is out of stock, we may contact you to offer a substitute. If you do not accept a substitute item and your credit card has been charged for an item that is out of stock, we will cancel your order and issue a credit to your credit card account in the amount charged. If you order products and some are not in stock, you agree that we may fill that part of your order for which stock is available.
We ship within Australia only. We charge a fixed cost of $9.95 for deliveries within Australia (as varied from time to time and subject to a surcharge for large orders). To find out the shipping charges that apply to you, simply add the items to your shopping cart and proceed accordingly to the checkout where the full cost will be calculated and displayed before you make any payment. It is your obligation to enter the correct delivery address details at the time of ordering. We are unable to deliver to a P.O. Box.
We use all reasonable efforts to dispatch orders within 5 business days of the purchase date. Most Australian orders should arrive within 7 business days after dispatch depending on the destination. It is your responsibility to inform us promptly if an order does not arrive either by emailing firstname.lastname@example.org or calling 08 9208 6451. Once we learn an order has not arrived within a reasonable period we will lodge an enquiry with the courier and advise you of any issues that are discovered.
We are not liable for any loss or damage resulting from late delivery or non-delivery and late delivery does not entitle you to cancel your order. You have the option to have your item delivered with or without a signature of receipt. If you choose to have the item delivered without a signature of receipt you are responsible for any loss or damage after delivery. If you choose to sign for your item you will generally need to be available between 7am and 5pm to receive the delivery. You have the option to choose a different delivery address than your billing address. For example you may want to use your work address for delivery if your employer’s workplace policies allow this. If you do not answer when the courier tries to deliver your order, the courier will generally leave a card. You must then contact the courier directly to arrange re-delivery. Without limitation, we are not liable for any loss or damage as a result of you failing to contact our courier within the time specified in any “article awaiting collection” notice left by the courier at the time of delivery.
If you receive any products in a damaged condition, we may issue you a credit in the amount paid for the products or send replacement products at our discretion if you notify us within 7 days of the delivery date. We may ask you to provide proof of the damage, as a condition of refund or replacement.
Risk of damage, loss or deterioration to products passes to you on delivery in accordance with these Terms.
Products ordered by you remain our property until you pay for them in full.
To the extent legally permitted, we exclude all conditions, warranties, guarantees and similar, whether express or implied, as to the condition, suitability, quality, fitness or safety of any products or services supplied by us (Warranties), other than those implied by statute which may not be legally excluded. Any liability we may have to you under Warranties implied by statute which cannot be excluded is limited, where expressly permitted by statute, to supplying, or paying the cost of supplying, the products or services again or repairing, or paying the costs of repairing, the products, at our option.
In addition to your statutory rights, if you change your mind we will happily exchange or refund your item/s providing the following conditions have been met:
- The items are returned within 30 days of the purchase date and the original sales receipt is present.
- Items must be in original condition as purchased, the product has not been opened.
Returns/exchanges can be sent to:
3 Shearwater Terrace
Ballajura WA 6066
If you return items to us that do not comply with the above requirements, we will return them to you at your cost.
PACKING PROBLEMS Please check your items against your receipt. If there are any discrepancies please email (email@example.com) or call our Customer Service line on 08 9208 6451 as soon as possible and within 30 days of purchase date.
All material on this Site or otherwise delivered by us including (but not limited to) course content, text, graphics, information architecture and coding (Our Content), is subject to copyright. While you may browse or print Our Content for non-commercial, personal or internal business use, you must obtain our prior written permission if you’d like to use, copy or reproduce it. Modification of Our Content for any other purpose is a violation of our copyright and other proprietary rights, and is strictly prohibited.
You acknowledge that you do not acquire any ownership rights by using the Site or Our Content.
The trade marks, logos, and service marks displayed on our Site are the registered or unregistered trademarks of DermCosmesis. The trade marks whether registered or unregistered, may not be used in connection with any product or service that does not belong to DermCosmesis, in any manner that is likely to cause confusion with customers, or in any manner that disparages DermCosmesis.
Nothing contained on this Site should be construed as granting, by implication, estoppel or otherwise, any license or right to use any trade mark without our express written permission.
You agree that damages may be an inadequate remedy to a breach of these Terms and acknowledge that DermCosmesis will be entitled to seek injunctive relief if such steps are necessary to prevent violations of its intellectual property rights.
Right to Terminate
We reserve the right to terminate your use of the Site or our products and/or services generally if you breach these terms, as determined by us in our sole discretion.
Refunds are not provided for our products and/or services that have been rendered by us, including where you have been given access to Our Content whether accessed by you or not, unless we are in breach of the Australian Competition and Consumer Act 2010.
Liability is Limited
The disclaimers, liability limitations and indemnities within these Terms do not exclude rights that by law may not be excluded. Such rights include, but are not limited to, those rights under Australian Consumer Laws.
We do not make any express or implied representation or warranty about, or shall be liable, in contract, tort (including negligence) or otherwise, for any direct, indirect, special or consequential loss, damages or reliance in connection with any of our Site or Our Content.
In no event will we be liable for any damages whatsoever, including but not limited to any direct, indirect, special, consequential, punitive or incidental damages, or damages for loss of use, profits, data or other intangibles, or the cost of procurement of substitute products or services arising out of or related to the use, inability to use, unauthorised use, performance or non-performance of or reliance upon this Site or Our Content.
These limitations and terms include (but are not restricted to) loss or damage you might suffer as a result of:
- a. Reliance on the completeness, accuracy, suitability or currency of information, products or services irrespective of any verifying measures taken by us (including third party material and advertisements).
- b. Failure of performance, error, omission, interruption, deletion, defect, failure to correct defects, delay in operation or transmission, computer virus or harmful component, loss of data, communication line failure, unlawful third party conduct, or theft, destruction, alteration or unauthorised access to records.
- c. Accessing Sites or servers maintained by other organisations through links on our Site or products or services. Links are provided for convenience only. We do not endorse linked Sites nor their products and services and you access them at your own risk.
- d. The use of credit card or other financial information, failure to complete (or delay in completing) any transaction, or other loss or damage arising from any transaction made or attempted on our Site.
You indemnify us from all actions, suits, claims, demands, liabilities, costs, expenses, loss and damage (including legal fees on a full indemnity basis) incurred or suffered by you or us as a direct or indirect consequence of using or attempting to use our information, products, services or any breach by you or your agents of these Terms. We are not responsible for, and expressly disclaim all liability to the fullest extent permitted by law, for damages of any kind arising out of use, reference to, or reliance on any information contained within our Site or through use of our products or services.
As affiliates of certain products and services we may receive compensation for recommending and promoting products/services linked to from this Site.
Notices to you
We may notify you by email, a general notice on this Site or by other reliable method to an address or using contact information previously provided by you.
You acknowledge and agree that we are excused from performing our supply and other obligations and will not be responsible for any delays where and so long as we are prevented from performing our obligations under these Terms by events or causes beyond our reasonable control. We will endeavour to notify you of any delay and its expected duration. If we are prevented from performing our obligations for longer than a reasonable time, we may elect to cancel your order and issue you a credit in the amount paid for the order without further liability to you.
These Terms (including any terms or policies incorporated by reference) set out the entire agreement between you and us concerning its subject matter and supersedes all prior communications.
We may alter these Terms from time to time by posting the altered version on our Site. You should visit the Site regularly to keep up to date with any alterations. In the case of an alteration, the altered Terms only apply to products ordered via the Site after the alteration takes effect.
Should a dispute arise between us, we strongly encourages you to contact DermCosmesis by email to firstname.lastname@example.org to seek a resolution. Any reasonable requests will be considered and DermCosmesis will attempt to resolve the dispute through alternative dispute resolution procedures, such as mediation or arbitration, as alternatives to litigation.
These Terms are governed by the law of Western Australia, Australia. The parties submit to the non-exclusive jurisdiction of the courts of Western Australia and its appellate courts.
We welcome enquiries or feedback on our Site. Unless specifically stated by you, we shall treat any information you provide us with, as non-proprietary and non-confidential.
If you have questions or comments regarding this Site or DermCosmesis products or services, please email us at email@example.com.